The Board has determined that there was a procedural error in recognizing the Veteran's VA Form 10182 and placing his appeal on the AMA Hearing Docket. The Veteran's appeal should be re-docketed under the Legacy system, with his March 2019 VA Form 10182 accepted as a timely Notice of Disagreement (NOD).
The deciding factor: The procedural error in recognizing the Veteran's VA Form 10182 and placing his appeal on the AMA Hearing Docket is not jurisdictional, but rather a procedural error that may be waived at the Board's discretion.
- Claimed conditions
- bilateral hearing loss disability, tinnitus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 14, 2022
- Citation
- 22052224
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 22052224.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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